K BALAGOPAL Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking for a writ of Habeas Corpus to discharge the accused (Detenus mentioned in the Annexure to the writ petition) under Section 4(1) of Terrorist and Disruptive Activities (Prevention) Act, 1987 hereinafter called 'the TADA' for brevity, and consequently direct the designated Court, Kurnool to discharge the accused under the provisions of the TADA Act, and order transfer under Section 18 of the Act so as to enable the accused to apply for bail.

(2.) The General Secretary, Andhra Pradesh Civil Liberties Committee is the petitioner. 43 persons shown in the annexure, along with 14 persons were arrested in Crime No. 5/94 of II Town Police Station, Nandyal under Sections 147, 148, 506 read with 149, IPC and under Section 4(1) of TADA Act, 1987 and Section 7(1) of Criminal Amendment Act. As the First Information Report was filed under Section 4(1) of TADA Act, they have applied for bail before the Sessions Court, Kurnool which is the designated Court under TADA Act. The designated Court granted bail to accused Nos. 44 to 57 being women and they were released on bail. However, the Bail Application with regard to accused Nos. 1 to 43 was rejected by an order dated 24/01/1994. Hence, this writ petition is filed urging that Section 4(1) of TADA Act, is not applicable in the light of the allegations levelled against the accused.

(3.) On 6/01/1994 at about 7.00 p.m. when the Prime Minister of India was proceeding in a convoy to attend the public meeting at the Municipal High School grounds in Nandyal, a group of about 60 persons armed with sticks and stones led by P. Gokari and Ramaswamy crashed into the security convoy near Sanjeevnagar gate at Rajdoot Showroom between the advance pilot and the pilot cars, squatted on the road and blocked the road with an intention to force the Prime Minister and the Chief Minister of Andhra Pradesh to come out of their cars for receiving their representation. Sensing the imminent danger, the Officers accompanying the Prime Minister turned the convoy back and returned to the Guest House. The said group of persons who were in possession of pamphlets and other literature criticising the Prime Minister personally and on matters of the policy of his Government, would have caused harm to the Prime Minister and the Chief Minister, but for the timely intervention and decision taken to return to the Guest House. The Deputy Superintendent of Police, Home Guards, who was said to be the pilot officer of the Prime Minister's security convoy gave a report to the Inspector of Police, Nandyal II Town Police Station at 8.10 p.m. on the same day and FIR was registered for the offences mentioned above against the said persons. Section 4(1) of TADA Act is not attracted to this case, since no prior approval of the District Superintendent of Police was taken as contemplated under sub-section (1) of Section 20(A) of the Act.